The
Court previously granted injunctive and declaratory relief in
favor of Plaintiff Joseph Walsh (“Walsh” or
“Plaintiff”) against the City of Portland's
(“City”) then-existing exclusion ordinance,
Portland City Code § 3.15.020B.5.b. That ordinance
allowed Defendants prospectively to exclude persons from City
Hall and City Council Chambers solely based on past incidents
of disruption during City Council meetings. The Court held
that on its face, this ordinance violates the First Amendment
to the U.S. Constitution. Walsh v. Enge, 154
F.Supp.3d 1113, 1118 (D. Or. 2015). Based on that finding,
the Court permanently enjoined Defendants from directing or
enforcing any prospective exclusions pursuant to the
ordinance. After the Court issued its ruling, the City
enacted a new exclusion ordinance, Ordinance 188280
(identified by Plaintiff as Ordinance #255) (“New
Exclusion Ordinance”). Walsh now requests that the
Court “enforce” the Court's previous
injunction against the New Exclusion Ordinance. Walsh argues
that by enacting the New Exclusion Ordinance, the Portland
City Council violated the Court's injunction. For the
following reasons, the Court denies Walsh's motion.

BACKGROUND

A.
The Court's Injunction

The
Court's injunction in this case, entered on December 31,
2015, states:

Defendants, each of them and their agents and employees, and
all those in active concert or participation with them, shall
not direct or enforce any prospective exclusions pursuant to
Portland City Code § 3.15.020B.5.b and the City's
“Rules of Conduct for City of Portland Properties,
” solely based on past incidents of disruption during
City Council meetings.

ECF 30 at 1.

B.
The New Exclusion Ordinance

On
March 15, 2017, the Portland City Council adopted the New
Exclusion Ordinance, which, among other things, establishes
rules of conduct and ejection and exclusion procedures for
City Council meetings and City property. The New Exclusion
Ordinance became effective 30 days after its passage, on
April 14, 2017. ECF 41 at 2, ¶ 4. The New Exclusion
Ordinance amends certain sections of the City Code relating
to duties of the presiding officer, conduct at meetings and
on City property, and ejection and exclusion. See
ECF 41-1 at 1-3.

The New
Exclusion Ordinance adds Section 3.02.060 “Rules of
Conduct at City Council Meetings, Ejection and Exclusion,
” which allows the presiding officer or his or her
designee to warn a person engaging in disruptive behavior and
then to eject that person if the behavior continues. If a
person has previously been ejected for dangerous or
threatening behavior or for disruptive behavior on three or
more occasions, that person “shall” be excluded
from future City Council meetings for 30 days. If the person
has been excluded from City Council meetings on one or more
occasions within one year, that person “shall” be
excluded from future City Council meetings for 60 days. A
person excluded may appeal the exclusion to the Code Hearings
Officer. The appeal must be in writing and made within five
days of the issuance of the exclusion notice. This code of
conduct also applies to any public meeting of a City board or
commission. See ECF 41-1 at 6-8.

The New
Exclusion Ordinance also adds Chapter 3.18 “Rules of
Conduct for City Property.” This chapter grants the
power to order persons to leave City Property to peace
officers, reserve officers, persons providing security
services under a contract with the City, City bureau property
or facility managers or designees, the director or manager of
a City bureau facility or office space or designee, certain
specific designees, the Mayor, Commissioners, and Auditors,
as “persons-in-charge.” These rules of conduct
include numerous provisions regarding the type of materials
that may be brought onto City property, how materials and
technology that exist on City property may be handled, how
persons must obey all reasonable directions of
persons-in-charge, how persons may not interfere with free
passage of City employees or authorized visitors, noise
restrictions, alcohol and controlled substance restrictions,
animal restrictions, restrictions on wheeled devices, camping
restrictions, and general use restrictions. See ECF
41-1 at 11-14.

If a
person violates any of these rules, a person-in-charge may
eject them for 24 hours. In addition, the director of the
bureau assigned property management responsibility where the
violation occurred, or his or her designee, may issue an
exclusion from City Property for any period of time up to one
year. The person excluded may appeal the exclusion to the
Code Hearings Officer in writing within five days of the
issuance of the exclusion notice. If, however, public
meetings of City Council or boards or commissions are held on
a ...

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